THE parents of a former rugby player who helped him travel to a Swiss clinic to take his own life will not be prosecuted.

The director of public prosecutions Keir Starmer had been considering whether to bring charges against Dan James’ mother and father Julie and Mark James, of Sinton Green, near Worcester, but decided that it would not be in the public interest.

Mr James, aged 23, looked destined for a professional rugby career before an accident in a scrum left him paralysed from the chest down while training with Nuneaton Rugby Football Club in March last year.

The spinal cord injury left him without any independent hand or finger movement and in November last year, his medical consultant said it was unlikely his condition would improve.

He took his own life with his parents at his side at the Dignitas clinic near Zurich on Friday, September 12, 2008.

The Worcester News revealed in October how Mr James had travelled abroad to end his life prompting his parents to release a statement.

At the time, speaking through their lawyer, Mr and Mrs James said: “His death was an extremely sad loss for all those who cared for him but no doubt a welcome relief from the prison he felt his body had become and the day-to-day fear and loathing of his living existence.”

“This was the last way the family wanted Dan’s life to end but he was, as those who know him are aware, an intelligent, strong-willed and determined young man.”

Judge Starmer said he had considered the case carefully and although there was enough evidence to bring a successful prosecution against the couple and a male family friend under the 1961 Suicide Act for helping Mr James take his own life, the matter was outweighed by the public interest.

He said: “This is a tragic case. While there are public interest factors in favour of prosecution, I have determined these are outweighed by the public interest factors that say a prosecution is not needed.”

He said Dan James was “a fiercely independent young man” who was not influenced by his parents, who had implored him not to take his own life.

Judge Starmer offered his condolences to Mr James’s family and friends.

Mr James first contacted the clinic in February and by July, despite attempts by loved ones, his parents and medical professionals to persuade him otherwise, he had made up his mind.

Mark and Julie James agreed they had helped Mr James and had travelled on the plane with him to Switzerland. A family friend arranged the flight, booking a return trip for Mr James in case he had second thoughts.

Mr James played for Worcester RFC mini-juniors and Worcester Wanderers Colts and represented England Under-16s, England Universities and England Students.

A former Chantry High School and Royal Grammar School pupil, he studied construction engineering management at Loughborough University.

Sarah Wootton, chief executive of Dignity in Dying, which campaigns for greater patient choice, agreed with the decision. She said: “This is an extremely sad case and we are glad this matter has been brought to a close.”

  • A controversial TV programme showing the last moments of a motor nuerone disease sufferer at the Dignitas clinic is to be shown tonight at 9pm on the Sky Real Lives channel.